Group personal injury litigation and public opinion

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Abstract
From within the law school, group personal injury litigation may be approached in various ways. Until very recently it was, indeed, ignored as an irrelevant foreign development: not perhaps ‘it could never happen here’, but at least ‘it hasn’t happened here, yet’. Now that it plainly has happened, it is nonetheless possible to ignore it. The question whether the snail in my ginger beer bottle can give rise to an action is not, in principle, affected by what other people found when they opened theirs; if it is said that in practice it cannot but be affected, the retort would be that the law schools need not concern themselves with the sort of practicalities involved. Indeed, group litigation barely rates a mention in most practitioners’ texts either; so many academics feel excused from considering it all, even as a mere footnote to the general run of cases.

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